Does the one giving athaan have the right in regards to choosing who should leave the prayer?
I do not know of any proof that the Muadhin chooses the Imam, but the Imam is chosen by the Muslim ruler. If there is no Islamic rulership, then the community should choose the one who has the most memorization of the Quran and knowledge.
عَنْ عُثْمَانَ بْنِ أَبِي الْعَاصِ، قَالَ قُلْتُ يَا رَسُولَ اللَّهِ اجْعَلْنِي إِمَامَ قَوْمِي . فَقَالَ “ أَنْتَ إِمَامُهُمْ وَاقْتَدِ بِأَضْعَفِهِمْ وَاتَّخِذْ مُؤَذِّنًا لاَ يَأْخُذُ عَلَى أَذَانِهِ أَجْرًا
It was narrated that ‘Uthman bin Abi Al-As said:
“I said, ‘O Messenger of Allah (ﷺ), make me the Imam of my people.’ He said, ‘You are their Imam, so consider the weakest among them and choose a Mu’adhdhin who does not accept any payment for his Adhan’.
[Saheeh Sunan Abu Dawood no. 531]
Shaikh Ibn ul-‘Uthaymeen rahimahullah said:
“From the benefit of this Hadith is that the Imam is appointed by the Muslim Ruler because he (Uthman) sought that from the Prophet (ﷺ) and no doubt he was the ruler. Likewise, whoever the ruler appoints [to choose an Imam] like the Ministry of Islamic affairs and the Awqaaf and Dawah wal-Irshaad in our times. Likewise, the other ministries in the Islamic lands for verily the ministry is considered a successor of the ruler.
If someone were to say, ‘if the community chose a man and the ministry chose a man, who is the one who precedes?’ The one chosen by the ministry should precede. However, it is obligatory in this situation to look at who was chosen by the community and examine that according to knowledge and justice.
If someone were to say, ‘if we are in a land that does not have an Islamic rulership, then who precedes as the Imam?’ We say, the Prophet (ﷺ) said:
يَؤُمُّ الْقَوْمَ أَقْرَؤُهُمْ لِكِتَابِ اللَّهِ
The person who is best versed in the recitation of the Book of Allah, should lead the prayer.
So it is obligatory for the people of the community to choose the one who memorized the most of the Book of Allah, then the next [criteria] according what has come in the Sunnah”.
[Fathul-Dhil Jalal wal-Ikraam bi Sharh Bulugh al-Maram (1/478)]
Imam al-Mawardi rahimahullah said:
“If the people of the masjid differ in choosing an Imam, then they act according to the statement of the majority. If the opinion between those who differ are equal, then the Sultan chooses for them one who has the best religion, most knowledge of the Sunnah, most memorization of the Quran, and has the most understanding in order to discontinue their dispute”.
[Ahkaam Sultaniyyah (1/177)]
In fact, the Muadhin is chosen by the Imam or ruler, not the other way around.
Shaikh Attiyyah Salim said:
“It is not allowed for anyone to go forward and make adhan except by the permission of one authorized like an Imam or the ruler. Except [i.e. this is not the case] for the general Masaajid which are on the streets and they do not have a specific muadhin or specific Imam and the masaajid were built on the streets for those who the prayer time is present so they pray in it. There is no preventative for the one who the time of prayer arrives, and he is present, to make adhan. Likewise, if the prayer time is present for him to lead the prayer, even if there are many congregational prayers prayed in these Masaajid, there is no preventative..”
[Sharh Bulugh al-Maram (1/302)]
And Allah Knows Best
Translated and Answered by
Faisal Ibn Abdul Qaadir Ibn Hassan